Gov. Kevin Stitt in his fourth annual State of the State address outlined a lofty policy
agenda for the year while taking shots at the Biden administration, teachers unions and the U.S. Supreme Court’s ruling in McGirt v. Oklahoma.
Stitt on Monday proposed cutting taxes, increasing pay and mental health resources for Oklahoma Highway Patrol officers, earmarking $13 billion over 10 years for infrastructure investments and cracking down on the state’s black market medical marijuana industry — proposals that were largely met with praise from Oklahoma’s GOP-led Legislature.
In his 43-minute speech, he also proposed or backed several education reforms that drew mixed reactions from lawmakers and education professionals.
But in some instances, Stitt was light on the details of how he plans to pay for his new initiatives. The governor’s proposed executive budget is essentially flat with little to no new funding for education, health care or transportation.
Early morning visitors to the state Capitol were greeted in the south parking lot with
banners that said “Free Julius Jones” and “Stitt’s failed state” that the Department of
Public Safety believes were put up at 3 a.m. Within hours, the banners were removed from an oil derrick with help from local firefighters.
Two people were arrested at the State of the State speech for “disturbing state business.” One tried to unfurl a banner in the back of the House chamber, but was forcibly removed before she could do so.
Notably missing from Stitt’s State of the State speech was any mention of COVID-19. In his speech last year, Stitt expressed sorrow for the more than 3,000 Oklahomans who had died from COVID-19 but gave no such acknowledgement this time. As of Monday, the virus had claimed the lives of 13,594 Oklahomans.
Oklahoma saw more COVID-19 cases in January than any other month of the pandemic, and hospitals are still experiencing an influx of virus patients.
However, Stitt praised his policies of keeping businesses open during the pandemic and said he aims to make Oklahoma the most business-friendly state in the nation.
“While other states are shutting down their economies, we’ve never been more open for business,” he said.
House Minority Leader Emily Virgin, D-Norman, called Stitt’s speech the most divisive she’d heard in her 12 years at the state Capitol.
She called it “unconscionable” that Stitt failed to mention the toll of COVID-19 in
Oklahoma.
“I understand that our economy is open and the governor likes to brag about that, but the fact is, many Oklahomans are still suffering from a loss,” she said. “Many businesses are still suffering because of the losses we’ve had throughout this pandemic.”
House Speaker Charles McCall, R-Atoka, said he was pleased much of the governor’s agenda overlaps with Republican legislative priorities.
“We were glad to hear shared priorities like protecting Oklahomans’ individual liberties, growing the economy and stopping black-market marijuana, plus solid fiscal policy to keep cutting taxes and saving money amid record revenues while still paying troopers more, rewarding high-performing teachers and investing in infrastructure, especially broadband,” McCall said.
Stitt called for “bold steps” to improve education in Oklahoma, a state EducationWeek ranked 47th in student achievement and chances for long-term success.
“We can do better than 47th in the nation when it comes to our kids,” Stitt said. “We’ve tiptoed around the edges for far too long.”
The governor also targeted unions, accusing them of intimidating new teachers into paying dues out of their salaries. Stitt said educators should opt in rather than having to opt out of union membership, a claim the state’s largest teacher union, the Oklahoma Education Association, said is “a lie.”
The governor signaled support for what could be the most groundbreaking piece of
education legislation this session — the Oklahoma Empowerment Act.
The bill, written by Senate Pro Tem Greg Treat, would for the first time allow any
Oklahoma student to use state funds to attend private schools or home school, regardless of their household income or disability status.
Currently, the state pays private-school tuition only for children with disabilities, though it does offer tax credits for donations to private-school scholarships.
Oklahoma spends $9,399 per pupil to fund public schools, though some students qualify for more funding, particularly those with disabilities. The Oklahoma Empowerment Act would allow students to take that per-pupil funding and use it for private-school or homeschool costs instead.
“To disrupt the status quo in this manner, it’s going to be a heavy lift, but it’s a lift worth doing,” said Treat, R-Oklahoma City. “Oklahoma families deserve options.”
Stitt said the legislation would make Oklahoma a “national leader in school choice” and pledged to support any bill that would give families more school choice options.
As the state still grapples with a teacher shortage, the governor proposed using “matching funds” to pay high-performing teachers six-figure salaries so they won’t leave the classroom for higher-paying administrator positions. He did not give specifics of how much in “matching funds” the state would offer or where the dollars would come from.
Oklahoma pays public-school teachers an average of $54,256 — slightly below the regional average. School principals in the state are paid an average of $90,000 a year while district-level administrators commonly earn salaries of more than $100,000.
Oklahoma Education Association President Katherine Bishop said the teacher union looks forward to learning more details on the pay raise but contended the teacher shortage isn’t caused by educators moving into administration.
“It’s about teachers leaving the profession and college students choosing other jobs,”Bishop said in a statement. “It’s about Oklahomans who are exhausted by the constant attacks on their professionalism.”
Despite suggesting a dramatic wage increase, Stitt’s proposed budget would keep the education funding formula flat at $3.16 billion, still the state’s largest-ever budget for schools.
Although the governor touted his record investment in education, Oklahoma’s per-pupil funding has been the lowest of all its surrounding states — a key factor when schools are funded based on the number of students enrolled.
Stitt called for the elimination of the state’s 4.5% sales tax on groceries, matching a
bipartisan push that’s already underway in the Oklahoma Legislature.
The governor is hoping to build on corporate and personal income tax cuts he signed into law last year. He also specifically referenced reinstating the refundable aspect of the earned income tax credit, which was part of last year’s tax cuts package.
Oklahoma is one of 13 states that levies a grocery tax. It is expected to net the state $305 million in tax revenue in the upcoming fiscal year.
“Many Oklahomans are already struggling under the weight of record inflation,” Stitt said. “Let’s give them more help this year. After all, we need more taxpayers, not more taxes.”
Stitt also proposed scrapping the income tax on military retirement benefits and creating a “taxpayer protection plan” that lowers taxes as state revenues increase.
Further building on his efforts to shore up the state’s savings accounts, Stitt also asked the Legislature to increase the cap on Oklahoma’s Rainy Day Fund.
Oklahoma’s constitution says only 15% of the revenue estimate for the General Revenue Fund can be earmarked for the Rainy Day Fund.
Stitt again took aim at the McGirt v. Oklahoma ruling that determined the Muscogee
Nation reservation was never disestablished.
The governor’s comments were met with immediate pushback from tribal leaders, who largely issued a call for the state and tribes to work together on jurisdiction issues in the aftermath of the landmark court ruling many Indigenous Oklahomans have hailed as a win for tribal sovereignty.
As Stitt spoke, Muscogee Nation Principal Chief David Hill sat in the gallery. Hill and
other Muscogee Nation officials were invited guests of McCall, the House Speaker.
Choctaw Nation Chief Gary Batton said he didn’t feel it was appropriate to attend the speech because “Stitt has no regard for tribal sovereignty.”
The governor touted the high court’s decision that determined the McGirt ruling does not apply retroactively. He also referenced the court’s recent decision to examine whether the state can prosecute non-Indians for crimes involving Native Americans on reservations.
However, the Stitt administration suffered a blow when the Supreme Court rejected
dozens of petitions from the state asking the justices to revisit their 2020 decision that the Muscogee Nation was never disestablished. Stitt and Attorney General John O’Connor sought for the ruling to be overturned.
The McGirt ruling jeopardizes justice, Stitt said.
During his speech, the governor recognized one of his invited guests, a woman who lost her 12-year-old son, Billy Lord, to drunk driver Richard Roth in 2013. Because Lord was Native American, the drunk driver’s conviction could be overturned under McGirt, Stitt said.
“This isn’t personal,” he said. “It’s not Kevin Stitt versus the tribes. Instead, it’s about
certainty. It’s about law and order. It’s about fairness, equal protection under the law, and one set of rules.”
In a statement, Hill said the governor’s claim that Roth, who is not Native and not subject to tribal jurisdiction, could be released due to McGirt is patently false. He later clarified his remarks to criticize Stitt for oversimplifying the case.
Roth is currently in state custody, but that could change depending on clarification from the Supreme Court on the extent of the McGirt ruling. Depending on what the court decides, Roth could remain in state custody or the federal government could pursue statute-of-limitations options to allow for his re-prosecution, according to the Muscogee Nation.
“The governor continues to throw himself down kicking and screaming in the path to
implement McGirt,” Hill said. “His fear-mongering and lies serve no one who lives in the State of Oklahoma.
“If the governor is content to keep playing Chicken Little, everybody else — the tribal
nations, state legislators, city and community leaders and law enforcement — will continue to move forward to build a better tomorrow.”
